Washington State

Office of the Attorney General

Attorney General

Bob Ferguson

AGLO 1979 NO. 9 >

Under the provisions of chapter 51.24 RCW, as amended by chapter 85, Laws of 1977, 1st Ex. Sess. (SSB 2154), either the State Department of Labor and Industries or a self-insured employer may legally approve a settlement between an injured worker (or beneficiary) and a third party tortfeasor which is for an amount less than the amount already disbursed by the department or self-insurer for industrial insurance benefits.

AGO 1970 NO. 9 >

(1) An employer in this state who is governed by Title VII of the Federal Civil Rights Act of 1964 (42 U.S.C., § 2000e 2) may not invoke the provisions of RCW 49.28.070 and WAC 296-128-440 as a justification for refusing to hire or promote women solely on the basis that the working conditions involved in the job they are seeking are such as to preclude the employment of women under such state provisions.(2) An employer who is governed by Title VII of the Federal Civil Rights Act of 1964 (42 U.S.C., § 2000e 2) is excused from compliance with the provisions of RCW 49.28.070 and WAC 296-128-440 to the extent that these state provisions are in conflict with the federal act.

AGO 1975 NO. 10 >

A certification, approved by the governor under chapter 80.50 RCW, may authorize the withdrawal of such public waters as are required for use in the operation of a thermal power plant.

AGLO 1981 NO. 10 >

Where, at the request of a new governor, the Senate voluntarily returns the names of those unconfirmed appointees then pending before it, the appointees involved are not thereafter entitled to continue in office until the Governor makes new appointments.

AGO 1981 NO. 10 >

The legislature could, constitutionally, fund the construction of capital projects by the Washington Public Power Supply System through the issuance of state general obligation bonds; however, unless those bonds were to be authorized by the voters pursuant to Article VIII, § 3 of the state constitution, their issuance would be subject to the constitutional debt limitation established in Article VIII, § 1 of the constitution.

AGO 1984 NO. 10 >

Economic development councils created in response to (but not pursuant to) RCW 35A.11.060, RCW 35.21.680 or RCW 36.32.410 are not, themselves, municipal corporations or quasi-corporations for the purposes of audit under RCW 43.09.260; however, the State Auditor would nevertheless have the authority to examine the books and records of an economic development council (or any similarly situated private party) as an extension of his authority to audit those municipal corporations or quasi-municipal corporations which have provided funds to such organizations.

AGLO 1978 NO. 10 >

Because of the provisions of Article VIII, § 4 (Amendment 11) of the Washington State Constitution, the full amount of $375,000 which was appropriated to the State Parks and Recreation Commission by § 15(14), chapter 338, Laws of 1977, 1st Ex.Sess., ". . . for the acquisition of 124 acres adjacent to Dash Point state park . . ." may not be expended for the purchase of a smaller, 75-acre portion of the larger tract.

AGLO 1977 NO. 10 >

Because of the provisions of RCW 28B.50.050 a member of the faculty at the University of Washington, being employed by the board of regents of that institution, is ineligible for simultaneous service as a member of the state board for community college education.

AGLO 1973 NO. 10 >

A purely retroactive pay increase for state employees, not involving either the Aldrich or Christie situations, would be unconstitutional under Article II, § 25 (Amendment 35) of the Washington Constitution.

AGO 1961 NO. 10 >

The Department of Labor and Industries is empowered to transfer a business or industry from one occupational classification to another by administrative procedure even though the occupations involved are neither insolvent nor in danger of becoming insolvent.